Page No.# 1/3 GAHC010095932025 2025:GAU-AS:6252 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1482/2025 RUPAM KALITA SON OF LOHIT KALITA, RESIDENT OF VILLAGE DHANTOLA, P.S. AND DIST. NALBARI, ASSAM PIN-781337. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. S E AHMED, M AHMED,MR D J DAS,MR. J M DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19-05-2025 Heard learned counsel Ms. S.E. Ahmed for the petitioner Rupam Kalita, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 21.03.2025 in connection with Ghograpar Police Station Case No. 33/2025 under Section Page No.# 2/3 303(2)/317(2)/317(4) of Bharatiya Nyaya Sanhita, 2023 read with Section 7(1) of Essential Commodities Act read with Section 23 (1) of Petroleum Act. 2. The allegation against the petitioner is that he was transporting 20 gallons each containing 40 liters of petroleum products. It is submitted on behalf of the petitioner that the petitioner is not involved in this case. He has been forwarded to custody on suspicion as he was the driver of the vehicle seized in connection this case bearing registration No. AS01/NC-2614. 3. Heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, who has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. Additional Public Prosecutor has submitted that the petitioner is not entitled to bail as the main accused was yet to be arrested in connection with this case. 4. I have considered the submissions at the bar with circumspection. 5. It appears that custodial detention may not be required to further the investigation. I have also considered the length of detention. I have considered the submissions that the petitioner is willing to cooperate with the remaining part of investigation. 6. Considering all aspects, petition is allowed. 7. The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (S), Nalbari under the conditions that :- Page No.# 3/3 (i) the petitioner shall refrain from such activities with which he is alleged, (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iii) the petitioner shall not leave the jurisdiction of the Court without prior permission. 8. On breach of any of the bail conditions, the Trial Court is at liberty to cancel the bail granted to the petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant